The Indian Constitution provides for division of powers between the legislature,
executive and the judiciary for their harmonious and smooth functioning. It also
empowers the judiciary to interpret the provisions of the Constitution and the
laws passed by the legislature. Both the legislature and the judiciary have evolved,
over the years, as mature, dynamic and relatively autonomous institutions in their
respective spheres of activity to further strengthen the edifice of democracy. While
these two institutions have functioned with restraint and responsibiliry, the
legitimate concerns to guard their autonomy have led to occasional differences
between them. Since Independence, the courts have been called upon on
numerous occasions to resolve such conflicts.
A pioneering volume, The Legislature and the Judiciary explains the powers,
privileges and immunities of legislatures in India. It also highlights the role of the
judiciary in articulating the constitutional position on the legislature's autonomy,
and provides a detailed discussion of all the important cases dealt by the high
courts and the Supreme Court.
In the critical Foreword, eminent jurist Upendra Baxi provides a brief background
to the birth of the Indian Constitution. He highlights how the constitutionmakers were profoundly influenced by the powers, privileges and immunities
enjoyed by the House of Commons in the United Kingdom. He draws‘our
attention to the interesting fact that a majority of cases filed so far are by the
legislators themselves, and explains the need for them to have privileges and
immunities.
This volume consists of two sections. Section | details the evolution of law
through judicial interpretations of provisions relating to Parliament and the State
Legislatures. Stating, precisely, the current position of the law, it encapsulates the
principles of law laid down by the high courts and the Supreme Court. Section 2
provides a brief summary of judgments. Almost all the significant rulings of the
high courts and the Supreme Court relating to Parliament and the State
Legislatures have been incorporated in this section.
This consolidation of legal information will facilitate a clear understanding of the
existing position of the legislature. This volume will also be a valuable resource for
legislators, constitutional experts, jurists, and students of political science and law.